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Author Topic: what qualifies as a patent ?  (Read 913 times)

sharan basappa

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what qualifies as a patent ?
« on: 12-20-07 at 07:30 am »

Hi,

I am working on an idea in the field of computers. I am not sure how to position the idea. In other words, how to bring in the innovation so that it is patent worthy.

Say I have see that there are sequences
s1, s2, s3, s4. If I say that combining sequence s1 and s3 will give certain benefit without affecting the outcome then it would probably just an idea. Is this a correct assumption ?
Now if I also give some steps to identify sequences that wont affect the outcome but give performance benefit then it probably can be patented. Is this correct ?
In general what is your advice to people who come up with just idea ?

I am very new to the field of patenting and I have read articles where they specifically say that ideas cannot be patented. So I thought I should clarify ?

Regards
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Wiscagent

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Re: what qualifies as a patent ?
« Reply #1 on: 12-20-07 at 09:29 am »

There is no sharp line between what is an “idea” and what is an “invention”.  An idea is a general concept; in an invention the details have been worked out to the extent that another skilled person could get the thing to work.

Typically a person sees an opportunity or a problem and comes up with an idea; the idea is then developed into an invention, i.e. something that can actually be described in sufficient detail that it can be made and used.

Consider the development of this invention:  
- “Joe” is looking at a process and asks himself -  “What if we did step A, then step C, and step B could be combined with step D?  That would have the advantage of xxx.”  That’s an idea.
- Next Joe develops the idea a bit further.  “If we skip step B, then we would need to make sure that yyy is taken care of, and then we even speedup steps C and D.”
- And then Joe makes some sketches, runs a few tests, perhaps builds a prototype and can describe the improved process to a point at which another skilled person could make the improved process.  At that point Joe has an invention.
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Richard Tanzer
Patent Agent

Sharan

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Re: what qualifies as a patent ?
« Reply #2 on: 12-20-07 at 11:10 pm »

Thanks, Richard. I got it now ..
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